197/2002

M233/2002

July 11, 2002

Sheriff Act

Sheriff Act Security Regulation

[Last amended January 15, 2024 by B.C. Reg. 289/2023]

197_2002_pit

Definitions and designation of restricted zones

In this regulation:

pat-frisk search means a hand search or a search by use of a hand-held screening device, conducted by a sheriff

of a clothed person, from head to foot, down the front and rear of the body, around the legs, and inside clothing folds, pockets and footwear, and

of any personal possessions, including clothing, that the person may be carrying or wearing;

screening search means a search by a sheriff of a clothed person and any personal possessions, including clothing, the person may be carrying or wearing, that is conducted visually or with the use of a screening device, including without limitation, a walk-through or hand-held metal detector or a fluoroscope;

strip search means a visual inspection by an authorized person of a nude person that includes

a visual inspection of the following:

the person undressing completely;

the open mouth, hands or arms of the person;

iii

the soles of the feet and the insides of the ears of the person;

the person running that person's fingers through that person's hair;

the person bending over, and

the person otherwise enabling the authorized person to perform the visual inspection.

For the purposes of the definition of "restricted zone" in

section 6.1 (1) of the Sheriff Act , the following parts of court facilities are designated as restricted zones:

the judges' chambers area, including all offices, passageways, elevators, work areas, lounges, libraries and storage areas primarily intended for the use of the following:

judges, associate judges and other judicial officers;

the judicial staff and court facility staff providing support to the persons referred to in subparagraph (i);

the court registry area, including all offices, passageways, elevators, work areas, storage areas and lounges primarily intended for the use of court registry staff;

cells;

sheriffs' areas, including all offices, passageways, elevators, work areas, storage areas and lounges primarily intended for the use of sheriffs;

jury rooms.

[am. B.C. Regs. 113/2006, s. 2; 3/2023, s. (a); 289/2023.]

Searches

A search conducted under

section 6.1 (3) (

a) of the Act or

section 6.2 (2) of the Act may be conducted by a pat-frisk search or a screening search.

[en. B.C. Reg. 113/2006, s. 3.]

Strip searches

2.1

If the circumstances allow, before conducting a strip search, a sheriff must

inform the prisoner to be strip searched of the reasons for the strip search, and

explain how a strip search is conducted.

A strip search that is conducted by a sheriff must be

observed by one other sheriff or other peace officer,

carried out in as private an area as the circumstances allow, and

carried out as quickly as the circumstances allow.

Repealed. [B.C. Reg. 3/2023, s. (b).]

[en. B.C. Reg. 113/2006, s. 3; am. B.C. Reg. 3/2023, s. (b).]

Restricted zone access

The following persons are authorized to enter restricted zones:

judges, associate judges, other judicial officers, judicial staff, court facility staff, court registry staff and sheriffs;

a person admitted to a restricted zone by any of the persons described in paragraph (

a) if and only for so long as the person remains in the restricted zone for the purpose for which they were admitted.

[am. B.C. Reg. 289/2023.]

[Provisions relevant to the enactment of this regulation: Sheriff Act , R.S.B.C. 1996, c. 425, s. 14.]